Citation Nr: 1237442	
Decision Date: 11/01/12    Archive Date: 11/09/12

DOCKET NO.  10-42 850	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Houston, Texas


THE ISSUES

1.  Entitlement to service connection for bilateral hearing loss.

2.  Entitlement to service connection for tinnitus.

3.  Entitlement to service connection for a bilateral knee disorder, to include as secondary to service-connected lumbar spine degenerative joint disease.

4.  Entitlement to service connection for a bilateral ankle disorder, to include as secondary to service-connected lumbar spine degenerative joint disease.

5.  Entitlement to an initial rating in excess of 10 percent for service-connected lumbar spine degenerative joint disease.


REPRESENTATION

Appellant represented by:	National Association of County Veterans Service Officers
ATTORNEY FOR THE BOARD

D. Johnson, Counsel


INTRODUCTION

The Veteran served on active duty from August 1970 to May 1973.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2009 rating decision of the Department of Veterans Affairs (VA) Houston, Texas Regional Office (RO).

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the appellant if further action is required.


REMAND

On his October 2010 Substantive Appeal, the Veteran indicated that he wished to present testimony before a member of the Board in a Travel Board hearing.  The Veteran was scheduled for, but did not attend, such a hearing in September 2012.  

In September 2012, prior to the scheduled hearing, the Veteran submitted a statement indicating that his representative had withdrawn representation and despite his efforts to obtain new representation; he was unable to do so prior to the scheduled hearing.  Thus, he requested that his hearing be rescheduled.  Given the circumstances, the Board finds good cause as to why the Veteran missed his hearing.  38 C.F.R. § 20.702(d) (2012).  Thus, the Board shall remand the Veteran's case in order that he may be scheduled for another Travel Board hearing. 

Accordingly, the case is REMANDED for the following action:

The RO should schedule the Veteran for a hearing before a member of the Board at the Houston, Texas RO.  A copy of the notice to the Veteran of the scheduling of the hearing should be placed in the record.  After the hearing is conducted, or if the Veteran withdraws the hearing request or fails to report for the scheduled hearing, the claims file should be returned to the Board for appellate review.  

The appellant has the right to submit additional evidence and argument on the matters the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).



_________________________________________________
MICHAEL E. KILCOYNE 
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.  This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal.  38 C.F.R. § 20.1100(b) (2012).